HomeMy WebLinkAboutImprovement Agreement 89-09385~•
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DEFERRED IMPROVEMENT AGREEMENT
Property identification: 37 2W 3AB TI, 3804 - 2022 Scenic Ave
Central Point, OR (legaI description attached}
PHIS AGREEMENT between the CITY OF CENTRAL POINT, herein after referred to as
"City," and Frreda Young Smith and Roxy Ann Gem and Mineral F
herea.nafter referred to as "Owner."
WHEREAS, Owner desired to develop the property described in Exhibit "A" but wishes
to defer construction of permanent improvements beyond the time limits otherwise
required, and City agrees to such deferment provided Owner agrees to canstxu.ct
improvements as herein provided; NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST
This agreement is an instrurr~ent affecting the title and possession of the real
property described in Exhibit "A". A11 the terms and conditions herein imposed
shall ran with the land and shall be binding upon and inure to the benefit of
the successors in interest of Owner. Upan any sale or division of the property
described in Exhibit "A", the terms of this agreement shall. apply separately to
each. parcel and the owner of each parcel shall succeed to the obligations imposed
on Owner by this agreement.
II. NATURE OF OBLIGATION
A. City and Owner agree that the improvements set forth in this section may be
deferred because immediate installation of such improvements is not deemed
practical at this time.
B. Owner agrees to construct the following improvements in the manner set forth
in this agreement:
Storm drainage systems, sidewalks, bikepaths, curbs, gutters,
streetlights and paving and street improvements that may benefit
the herein described property.
C. When the City Administrator determines that the reason(s) for the deferment
na longer exist(s), he shall. notify Owner, in writing, of terms for performance of
the work. The notice shall be mailed to the current owner or owners of land as
shown on the latest adopted county assessment roll. All or any portion of said
improvement may be required at a specified time. Each Owner shall. participate
on a pro rata basis of the cast of installation of the .improvements.
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DEFI~+IPRO . AG/PLANt~TK .~ : ~.`-'
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III. PERFORMANCE OF THE WORK BY OWNER
Owner agrees to the performance of the work deferred hereby, by conformance with
one of the fallowing options:
A. WORK PER~`ORMED BY OWNER - Owner is responsible far performance of the work
and obtaining contractors therefor. Owner shall cause satasfactary plans and
specifications for the improvements to be prepared and to submit said plans and
specifications to the City Administrator far approval prior to commencement of
the work to be done. Such work shall be lane in accordance with City standards in
effect at the time the improvement plans are submitted far approval. Owner agrees
to make payments required by the City including, but not limited to engineering
deposits, permit fees and inspection fees. Owner shall notify the City Adminis-
trator at least forty-eight (48} hours prior to the start of work.
Prior to approval of improvement plans by the City, Owner may be required to
execute and deliver to the City, a performance band in an amount end form accepta-
able to the City, to be released by the City in whole or in part upon the City's
final acceptance of the work performed.
If Owner disagrees with the requirements set forth for installation of amprave-
ments as provided in this section, he shall, within thixty (3fl} days of the date
the notice from the City Administrator was mailed, request a review of the
requirements by the City Council. The decision of this Council sha11 be banding
upon both the City and the Owner.
B. CONSTR[~CTION AS LOCAL IMPROVEMENT TO BE ASSESSED AGAINST PROPERTY _ Owner's
signature hereon shall, be equivalent to a petition required in Section 11.04.020 of
the Central Point Municipal Code. If Owner does not complete the improvements
himself under provisions of paragraph IIT, A, above, the City may do the work as a
local improvement project following the procedures established by ordinance for
such projects and assess the cost against the property specially benefited. Per-
mission to enter onto the property of the owner is granted to the City or its
contractor as may be necessary to construct such improvements. Owner hereby waives
any right of remonstrance to said improvements.
IV . MAINTENANCE OF IMPROVEMEN'T'S
Owner agrees to provide any necessary temporary facilities, access road ar other
required improvements, to assume responsibility far the proper functioning thereof,
to submit plans to the appropriate City agency for review if required, and to
maintain said improvements and facilities in a manner which will preclude any
hazard to Life ar health or damage to adjoa.ning property.
City agrees to accept for maintenance thane improvements specified in Section II,
excepting sidewalks, which are constructed in accordance with City standards,
which are installed within right-of--ways or easements dedicated and accepted by
the City, and which have received final acceptance by the City. Where the
required work is performed by Owner pursuant to the above Section III, S,
the City Administrator will provide adequate and timely progress inspection
of said work and upon completion of any said improvements in accordance
herewith, will issue to the Owner his final certificate of inspection and
acceptance thereof; provided, however, the Owner sha11 guarantee all im-
DEFTMPFtO.AG/PLANWK
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PaiiCEL 1: ~ ? ;
Beginning at the souCfieast comer of Donation Land Clairo No.
53 in 'Township 35 South, Range 2 West of the W[heasouth linedofn
in Jackson County, Orcgont thence West, along
said Claim, 150.06 feet, more or LESS, to the east line of nobrot
stay; thence North, along tlhiencesEast,1ealongothetsouthtlineeofouth
line of Pazkwood avenue;
Parkwood avenue, 158.50 feet to the west Line of Scenic Village
Subdivision in the City of Central Point, Oregon, accordjlontothn
the official plat thereof, now of record; thence South, 9
west line of said Subdivision and the southerly pzojection thereof,
95.5] feet, mare or Less to the sovt~ westtealangntheosouthtlone
3a in said 'township and Range; t'•^ ,ai,nt of beginning.
of said SACtlon 3' v~c ice oC 16.5D feet to the 1
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PTRCEL 2: ~ .~ ~ -y ~-~
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beginning at the southeast Corner o€ >7onation Land Claim Vo.
58 in Township 36 South, Range 2 idest o£ the l~'illaraettc Heridian
in Jackson County, Oregon; thence 1Jest, along the south line of
said Clcir:~, 15D.D6 feet, more or less, to the east line of nobrot
t4ay: thence South, along Dobrot t~~ay Co the northerly line of
Scenic Avenue; thence Southeasterly, along the northerly line of
Scenic avenue, 213.60 feet, more or less, to the eastRapne oft~est
Northwest Quarter of Section 3 in Township 37 South, 9
of the t7illaniette :Meridian of said County and State; thence North
0°14'40" I:est, along the cast line of said Northwest Uuarter,
127.38 fret, more or less, to the westerly seuthwcst corner of
Tract "6" described in Volume 359, page 422 of the need Records
of Jackson Count}•, Oregon; thence East 151.14 feet; ttaence North
to the southerly line of Scenic Village Subdivision in the City of
Central Point, Oregon, according to the official plat thereof, now
of record; thence West, along the southerly line of said Subdi~is;.o^.
151.14 feet to the north and South centerline of Section 34 in
Township 36 South, Range 2 West of the Willamette tseridian, said
County and State; thence South, along said North^South centerline,
1G.50 feet to the south 1/4 corner of said Section )4; thence ryes:
1G.50 feet Lo the point of beginning.
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C)~cT,i~~ ~.ECO~~S
Jnrkaoa Count, Oiagoa
Racotd~d
C)FFICIAL R£COADS
/.'S~ JAN 31985 P. M.
KATHLEEN S. SECSETT
r/CLERS nod R£CbRDER
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